Patent Rules

Marginal note:Fee for examination of application

• 80 (1) For the purposes of subsection 35(1) of the Act, the prescribed fee for the examination of an application for a patent is

  • (a) the small entity fee set out in subparagraph 10(a)(i) or (ii) of Schedule 2, as applicable, and, for each claim in excess of 20 that is included in the application on the day on which the request for examination is made, the small entity fee set out in paragraph 10(b) of that Schedule, if the small entity status condition set out in subsection 44(2) is met and a small entity declaration is filed in respect of the application in accordance with subsection 44(3)

    • (i) within the applicable time prescribed by section 81, or

    • (ii) if a notice is required to be sent under paragraph 35(3)(b) of the Act, before the notice is sent or, if the notice has been sent, before the end of two months after the date of the notice; and

  • (b) in any other case, the standard fee set out in subparagraph 10(a)(i) or (ii) of Schedule 2, as applicable, and, for each claim in excess of 20 that is included in the application on the day on which the request for examination is made, the standard fee set out in paragraph 10(b) of that Schedule.

• Marginal note:Claims defined in the alternative

  (1.1) A claim that defines the subject-matter of an invention in the alternative, including a dependent claim within the meaning of section 63 that refers to more than one preceding claim, counts as a single claim for the purposes of subsection (1).

• Marginal note:Non-application of subsection 3(1)

  (2) Subsection 3(1) does not apply in respect of the times prescribed by subsection (1).